Kansas Moline Plow Co. v. Wayland
Missouri Court of Appeals
Appeal from the Chariton Circuit Court. — Hon. J. P. Butler, Judge. • (1) The plaintiff, the vendor of the goods, having elected to have its.claims, to the extent of $483.50, against Allen for the part of the gouds in question allowed by the assignee, "Wayland, and having received from him as assignee a dividend of 15 per cent thereon, its right to reclaim said goods by replevin, or otherwise, was extinguished and gone. Plaintiff could not pursue both remedies.
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Appeal from the Chariton Circuit Court. — Hon. J. P. Butler, Judge. • (1) The plaintiff, the vendor of the goods, having elected to have its.claims, to the extent of $483.50, against Allen for the part of the gouds in question allowed by the assignee, "Wayland, and having received from him as assignee a dividend of 15 per cent thereon, its right to reclaim said goods by replevin, or otherwise, was extinguished and gone. Plaintiff could not pursue both remedies. Morris v. Rexford, 18 N. T. 552; 22 Central Law Journal, p. 537; Allen v. Eord, 19 Pick. 217; Cobbey on Replevin, sec. 262; Cahn v.…
1Opinion of the CourtSmith, P. J.
This is an action of replevin in which plaintiff had judgment and defendants appealed. The case disclosed by the record is something like this:
The plaintiff is a business corporation engaged in the manufacture of agricultural implements and the defendant Allen was a retail dealer in such implements in this state. The plaintiff sold said Allen the implements which were taken under the writ. Two sales were made by plaintiff to Allen— •one on November 16, 1894, and another on June 12, 1895. Several notes were taken for the purchase price of the implements so sold. A contract was entered into…
2Cases cited16 opinions
- Northrup v. Mississippi Valley InsuranceSupreme Court of Missouri · 1871
- Nanson v. JacobSupreme Court of Missouri · 1887
- Noble v. BlountSupreme Court of Missouri · 1883
- Dilworth v. McKelvySupreme Court of Missouri · 1860
- Greenway v. JamesSupreme Court of Missouri · 1864
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